LICENSING AND DISTRIBUTION AGREEMENTS
When conducting business, an entity can establish amongst other things, an agency, licensing or distribution relationship with another party, depending on the parties’ specific requirements. An agency relationship is an arrangement where the agent carries out certain obligations on behalf of the principal. In terms of an agency agreement, the principal will be bound by the actions of the agent, as if such acts were those of the principal personally.
Licence agreements defined
A licence agreement is an agreement in terms of which the licensor provides the licensee with permission to exercise rights which the licensor possesses, for example rights in copyright or a trade mark. As consideration for such licence, the licensee usually pays a royalty to the Licensor. A licence agreement also regulates the rights and obligations of the parties pertaining to the licence.
Distribution agreements defined
A distribution agreement is an agreement in terms of which the manufacturer grants the distributor the rights to distribute the manufacturer’s products.
Adams & Adams can assist with the drafting and reviewing of any of these agreements.
Danie Dohmen is a partner at Adams & Adams in the patent litigation section. He specialises in patent, design, plant breeder’s rights and intellectual property agreement litigation, commercialisation and opinion work. Danie has for a number of consecutive years been ranked in tier 1 for patent litigation in South Africa.
Danie’s clients range from entrepreneurs and technology start-ups to well-known multi-nationals. Clients often seek his advice regarding the establishment of an enterprise in South Africa, and he drafts and reviews agreements needed for their operations and to grow their businesses.
Gabriela is an Associate at Adams & Adams in the commercial, property and litigation department in Johannesburg.
Kineta is an Associate in the Corporate and Commercial Department in Johannesburg. She is an admitted Attorney of the High Court of South Africa and holds an LLB degree from the University of KwaZulu-Natal.
Sibusile has been retained as an associate in the corporate commercial team in our Johannesburg office.